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AKAAZUA MUEMUE V. KULUGH GAJI & ANOR

(2000) JELR 44058 (CA)

Court of Appeal  •  CA/J/142/96  •  27 Jul 2000  •  Nigeria

Coram
JUSTIN THOMPSOM AKPABIO JCA; JOSEPH JEREMIAH UMOREN JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina Ala High Court of Benue State sitting in its appellate jurisdiction delivered on 16th April, 1992, wherefore the decision and orders of the trial Upper Area Court, Vandeikya were set aside and in their place was entered an order striking out the suit filed by the plaintiff (i.e. the appellant in this court).

For purposes of grasping the issues for consideration in this appeal it will be helpful to have recourse to the excerpt of the trial Upper Area Court's decision as could from the judgment of the appellate High Court that sat on appeal over that decision. It reads thus:

"The defendants (now appellants) were in consequence restrained from trespassing or further trespassing of the disputed land. They shall hand over the possession of the land to the original owners; the court having found them (appellants) to be licensees of the plaintiff/respondent and they had misbehaved them…

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